In the Philippines, when the biological parents of a child are still legally married to each other, the child is classified as a legitimate child under Article 164 of the Family Code. This status significantly affects the adoption process because both parents retain full joint parental authority (Article 211, Family Code) and the child enjoys full rights of intestate succession from both parental lines.

For such a child to be legally available for adoption, the law imposes the strictest consent and availability requirements. The process is governed primarily by Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022), which took full effect in 2023 and shifted most domestic adoption proceedings from judicial to administrative under the National Authority for Child Care (NACC), supplemented by the Family Code (E.O. 209, as amended), Republic Act No. 8552 (Domestic Adoption Act of 1998, as amended), and the Revised Implementing Rules and Regulations (IRR) of RA 11642 issued by the NACC.

Legal Availability of a Legitimate Child Whose Parents Remain Married

A child is considered “legally available for adoption” only when one of the following conditions is satisfied:

1. Voluntary Commitment by Both Biological Parents

Both married biological parents execute an authenticated Deed of Voluntary Commitment (DVC) before the NACC or a licensed child-placing agency (usually DSWD-accredited).
The DVC must state that they are freely, voluntarily, and irrevocably surrendering their parental authority and consenting to the child’s adoption.
Both parents must personally appear for counseling and sign the DVC. Spousal consent cannot be waived even if one parent is abroad — the absent parent must execute a separate authenticated consent or appear via videoconference as allowed by NACC guidelines.
After execution of the DVC, the NACC issues a Certificate Declaring the Child Legally Available for Adoption (CDCLAA) within 10 working days.

This is the most common and fastest route when married parents, for whatever reason (economic hardship, incapacity to raise the child, etc.), decide to place the child for adoption.

2. Involuntary Termination of Parental Authority

If one or both parents refuse to consent, the child can only become available through involuntary proceedings:

Administrative case for neglected, abandoned, or dependent child filed with the NACC, or
Judicial petition for declaration of abandonment or termination of parental authority in the Regional Trial Court (Family Court).

Grounds under Article 141 of RA 11642 and Article 129 of the Family Code include:

Repeated physical and/or emotional abuse
Sexual abuse or exploitation
Abandonment for at least six (6) continuous months
Failure to provide support despite capacity
Parental incapacity due to vice, habitual drunkenness, drug addiction, or insanity

The process is lengthy (1–3 years) and requires clear and convincing evidence. Mere poverty is never a ground for involuntary termination (NACC rulings and Supreme Court jurisprudence, e.g., G.R. No. 225620, 2018).

Adoption Procedures Under RA 11642

Once the child is issued a CDCLAA, the adoption proceeds administratively in almost all cases.

A. Relative Adoption (within the fourth civil degree of consanguinity or affinity)

This is the fastest track and is almost always approved.

Examples:

Uncle/aunt adopting niece/nephew
Grandparents adopting grandchild
Brother/sister adopting sibling

Requirements:

Prospective adoptive parent(s) file application with NACC Regional Office
Home study report (HSR) by licensed social worker (can be expedited)
Matching proposal within 30 days
Supervised trial custody of at least three (3) months (often shortened or waived for close relatives)
Issuance of Affidavit of Consent to Adoption and Order of Adoption by NACC

Total processing time: 4–8 months on average.

B. Non-Relative Adoption (regular domestic adoption)

Prospective adopters must be in the NACC Roster of Approved Adoptive Parents.

Steps:

Application and orientation seminar
Preparation of Home Study Report (6–9 months)
Child study report and matching (NACC Child Case Study Report)
Pre-placement and placement proceedings
Supervised trial custody of six (6) months
NACC issues the Adoption Order and new Certificate of Live Birth

Total processing time: 12–24 months.

C. Step-Parent or Step-Relative Adoption

Note: This applies only when one biological parent has remarried. If the original biological parents remain married to each other, there is no “step-parent” scenario.
However, if the parents legally separated or one died and the surviving parent remarried, the new spouse may adopt via the simplified step-parent adoption procedure under Section 48 of RA 11642 (administrative, 3–6 months).

Who May Adopt a Legitimate Child of Still-Married Parents

Filipino citizens
- At least 25 years old
- At least 16 years older than the adoptee
- Of legal age, good moral character, full civil capacity
- Emotionally and psychologically capable
- In a position to support and care for the child
- Married couples must adopt jointly (Article 184, Family Code), except when one spouse adopts the legitimate child of the other (not applicable here since both biological parents are still married to each other).
Aliens (former Filipinos or residents)
May adopt only if they fulfill the requirements of RA 8043 and RA 11642 Section 30:
- Country has diplomatic relations with the Philippines
- Has been living in the Philippines for at least three (3) continuous years prior to filing
- Certified as qualified to adopt by diplomatic/consular office
- Country allows the adoptee to enter and reside permanently
Aliens who are not former Filipinos almost always go through inter-country adoption (ICAB), which is judicial and takes longer.

Effects of Adoption on a Legitimate Child

Once the adoption order becomes final and executory:

Parental authority of the biological parents is completely and irrevocably severed
The child acquires the surname of the adopter(s)
The child becomes a legitimate child of the adopter(s) with full rights of support, succession, and inheritance
The child loses successional rights from the biological parents (Article 189, Family Code), except when the adopter is a spouse of a biological parent (not applicable here)
The adoption is irrevocable, even if the adopters later separate or the biological parents change their minds

Special Notes and Prohibitions

Married biological parents cannot later revoke their consent once the CDCLAA is issued (Section 22, RA 11642).
Payment or receipt of any consideration in exchange for consent to adoption is absolutely prohibited and punishable by imprisonment of 6 years and 1 day to 12 years and fine up to ₱200,000 (anti-child trafficking provision).
Adoption simulation (falsely registering the child as one’s own biological child) is a serious crime under RA 11222 (Simulated Birth Rectification Act), punishable by prision mayor.
The entire process is confidential; violation of confidentiality is punishable under RA 11642.

Rescission of Adoption (Very Rare)

Adoption can only be rescinded on the following grounds (filed by the adoptee only, before age of majority is reached or within 5 years after reaching majority):

Repeated physical or verbal maltreatment
Sexual assault or violence
Attempt on the life of the adoptee
Abandonment and failure to comply with support obligations

Rescission restores the child’s status as biological child of the original parents.

Conclusion

When biological parents remain legally married in the Philippines, adoption of their child is possible only through their joint, voluntary, and irrevocable consent (fastest route: 6–12 months via relative adoption) or, in extreme cases, through involuntary termination of their parental rights (slow and difficult). The law heavily favors preservation of the legitimate family unit and makes non-consensual adoption exceptionally difficult. Parents contemplating placement of their child for adoption are strongly encouraged to seek free counseling from the NACC or DSWD before making an irrevocable decision.

For the most current forms, fees (minimal under RA 11642), and regional office contacts, parties should consult the National Authority for Child Care website (nacc.gov.ph) or visit the nearest NACC Regional Alternative Child Care Office.